For employees in F & J Visa status, please read! *_PLEASE REVIEW THE INFORMATION BELOW REGARDING OUR INTERNATIONAL STUDENTS AND THEIR 20 HOUR WORKWEEK LIMIT THAT WAS SENT OUT BACK IN FEBRUARY! PLEASE BE SURE TO SHARE WITH YOUR SUPERVISORS!_* */__/* */_Summary_/**_:_*Effective *March 1, 2019* there will be an update to the payroll review procedure for F and J visa holders working in excess of the 20 hour limit. The new US Citizenship & Immigration Services (USCIS) policy clarifies that a student who engages in unauthorized activity (i.e. working more than 20 hours per week) could begin accumulating unlawful presence that may have implications for their immigration status. *_Due to this policy change, Virginia Tech will terminate the student’s position a soon as Payroll establishes that the 20-hour limit has been exceeded._* ** Students in the US in F or J visa status cannot work more than *20* hours in a work week during the academic year, per USCIS regulation 8 CFR 214.2(f)(9)(i). We are reminding departments of this limit due to a recent change published by USCIS on August 9, 2018 regarding the "accrual of unlawful presence and F, J, and M nonimmigrants." To summarize this change, any student who is found in violation of their current visa status after August 9, 2018 begins accumulating unlawful presence: ·The day after the F, J, or M nonimmigrant no longer pursues the course of study or the authorized activity, or the *day after he or she engages in an unauthorized activity*; ·The day after completing the course of study or program (including any authorized practical training plus any authorized grace period, as outlined in 8 CFR 214.2); ·The day after the Form I-94 expires, if the F, J, or M nonimmigrant was admitted for a date certain; or ·The day after an immigration judge orders the alien excluded, deported or removed (whether or not the decision is appealed). Working in excess of the 20-hour weekly limit constitutes unauthorized activity and possibly a visa violation, which could result in a student accruing unlawful presence. Students with F and J visas are informed throughout orientation sessions that if they plan to work or have accepted an assistantship, they are allowed to work a *maximum* *of 20 hours* in a week during each semester. *All supervisors must be made aware of this policy.* ·Payroll runs reports each pay period to identify F-1 and J-1 students who have clocked hours that exceed the maximum hours allowed per week. ·Payroll contacts each department that is identified in the report as having a student or students with hours in TimeClock exceeding the limit. Payroll will work with the department to determine if the hours clocked were actually worked. ·Any hours that are logged in error, due to a missed punch, break, etc., will be corrected in TimeClock and updated in Banner. ·If it is established that a student worked in excess of the 20 hours/week limit, a notice of the violation will be sent by email to the student, the employing department, and the appropriate Designated School Official (DSO) at Cranwell International Center (for undergraduate students) or in the Graduate School (for graduate students). The student will have to *stop working immediately* and make an appointment with their DSO. Payroll will work with the department to terminate the student’s position in Banner and make a final payment for any hours worked up to termination. ·If the determination is made that the visa status has been violated, the return to work will not be authorized until the Payroll office receives notice that the student’s F-1 or J-1 status has been reinstated. ·Students found in violation of their status will start accruing unlawful presence days from the day after they have worked more than 20 hours per week. During school breaks, USCIS has no restrictions on the number of hours F-1 or J-1 students may work; any limits imposed on the number of hours during breaks are set by the university. Employees and supervisors should be aware of the following scenarios which could cause hours clocked to exceed the limit. All efforts should be taken to avoid these circumstances when possible. oAn individual is nearing the limit when they begin a shift and finds that they cannot always stop what they are working on to clock out; oDepartments on campus use many different timekeeping methods which causes confusion for the student, (i.e. timesheets, time clocks with punch cards, timekeeping systems with badges that are swiped); oParameters set for rounding time clocked in and out is based on the quarter hour, oConfusion about the timeframe that comprises the work week; the work week for the University is defined as Friday at Midnight to the following Friday at 11:59 PM (per Policy 4298: Wage Employee Time Worked Records) http://www.policies.vt.edu/4298.html http://www.policies.vt.edu/4298.html) oNot understanding that clocking in and out 7 or 8 minutes early or late each day could easily add 15 minutes or more to the hours worked in one day; oConfusion about when the academic year begins and ends; oNot understanding that students are paid from the minute they clock in until the minute they clock out; this time is considered time on the clock and is paid, even if they are not working; oSupervisors are not aware of the employment limitations placed on F and J Visa holders and do not understand the severity of the possible repercussions if these limits are violated; oSome departments have a *paid* training session, which must be completed prior to starting a job. Sometimes the training occurs in the same week that the employee begins working; neither the department nor the individual take the hours paid for training into consideration for the 20-hour limit. __ *_The change to the Payroll policy of notification and job termination will begin on March 1, 2019._*Please contact Payroll at payroll@vt.edu mailto:payroll@vt.edu or 540-231-5201, the Graduate School, or the Cranwell Center if you have specific questions regarding this policy.